Some guy is threatening to sue me from another state.

[KathyPsu19]

Ok here's the story. I had an online auction posted for 150 USED cds. This guy won the auction for a price of $310+ shipping costs, he paid and i sent out the cds. When he got them, he said that i didn't describe the cds acurately. He claims some of the cases were cracked/broken, only 30 were in mint condition or sellable etc..Now he wants a partial refund or he claims he will sue me. My thought about this is i don't owe him a dime. My auction didn't say ANYTHING about the condition of the cd cases and said that SOME were in mint condition. If the condition of the cases was so important to him, he could have asked. But he never asked ANY questions at all. My auction also didn't say anything about offering any partial or full refund if the cds weren't what i said they were. I offered to give him a full refund, IF i got the cds back first. He declined, saying he couldn't trust that i would send the money. He now says he wants a $100 partial refund and to keep the cds or he will sue me for it. I didn't flat out lie in my auction and have NEVER had a problem buying or selling online before this guy. My question is..Does he have any grounds for sueing me in small claims court? And how would that work since he's in California and i live in Pennsylvania?

 

[I AM ALWAYS LIABLE]

My response:

Forget about him. If you were honest in the deal, then it's "caveat emptor". Even if he wanted to sue you for the full $310.00, it would cost him 10 times that amount, or more, to sue you. He'd have to sue you in PA, where the sale was consumated.

If he were to file a lawsuit in California, all you'd have to do is write a quick letter to the Small Claims court asking that the court dismiss the claim, because California has no jurisdiction over you; that you are not, nor have you ever been, a resident of California and that you have no business ties to California.

I wouldn't lose any sleep over this matter if I were you.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-14-2001 at 08:27 AM]

 

[racer72]

I agree, tell him to pack sand. Tell him if he does have a legitimate claim, most auction sites have insurance to cover faulty merchandise. The auction sites carry the insurance because they are technically the broker for the deal. I sell quite often at online autions and I always save the website page to my hard drive in case there are any questions. If necessary, post a negative feedback against the buyer. Many sellers refuse to sell to anyone with a negative feedback. Also contact the auction site and see if they can help. Tell him to go ahead and sue. He will have to do it in PA and it would cost a lot more than $310 to do that.